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Creation of a vibrant ecosystem for institutional arbitration, is one of the foremost priorities of our Government: PM

Published By : Admin | October 23, 2016 | 12:37 IST
India is today the fastest growing major economy, and one of the most attractive destinations for FDI: PM Modi
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Innovative business models and app-based start-ups have instilled a spirit of enterprise among Indians: PM Narendra Modi
We have initiated far-reaching legal reforms. Over a thousand archaic laws have been scrapped: PM
India has no dearth of brilliant lawyers & judges: PM Modi

Chief Justice of India, Justice T. S. Thakur,

Hon’ble Judges of the Supreme Court and of the High Courts,

Distinguished Guests and Friends,

Ladies and Gentlemen:

Let me begin by congratulating NITI Aayog for organizing this global conference.

Perhaps the simplest definition of Arbitration comes from Mahatma Gandhi, who said:

“I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s heart. I realized that the true function of a lawyer is to unite the parties involved in a dispute. The lesson was so indelibly burnt into me that the large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby, not even money and certainly not my soul.”

Friends.

India is today the fastest growing major economy, and one of the most attractive destinations for FDI. Indeed, we stand out as a bright spot in the global economy. This is the result of India’s fundamental strengths: democracy, demographic dividend and demand. We need to fully harness these strengths. This can happen only if businesses make long-term investments that create jobs and sustain economic growth.

Our domestic market has been fragmented. Different taxes across different states have made goods and services more expensive. This has hampered growth in inter-state commerce. We are enacting a Goods and Services Tax law, to create an integrated national market. This will further boost domestic demand, create more opportunities for Indian business and drive job creation.

India is experiencing a digital revolution. This is bridging the digital and economic divide in Indian society in general; and rural society in particular. A boost to the rural economy through this revolution will make the Indian economy even more robust.

Innovative business models and app-based start-ups have instilled a spirit of enterprise among Indians. Yesterday’s job seekers are becoming today’s job creators. The legal profession is also opening up to the promises of the digital world. From cause-lists to case-laws, the lawyer’s library is now just a click away on your mobile phone.

Friends.

Businesses seek assurance of the prevalence of rule of law in the Indian market. They need to be assured that the rules of the game will not change overnight, in an arbitrary fashion. And that commercial disputes will be resolved efficiently. A robust legal framework backed by a vibrant arbitration culture is essential.

Towards this end, we have initiated far-reaching legal reforms. Over a thousand archaic laws have been scrapped. We have enacted a comprehensive Insolvency and Bankruptcy Code, 2016, implemented the National Company Law Tribunals, established a statutory Monetary Policy Committee and effected a merger of the commodities and securities market.

Further, in harmony with the Bankruptcy Code, we have amended the SARFAESI and DRT Acts this year to suit the changing credit landscape and augment ease of doing business.

However, legal reforms can deliver desired results only when there is an effective and efficient dispute resolution mechanism. The independence of the judiciary is a basic feature of the Indian Constitution. Common citizens as well as businesses repose immense faith in the integrity of the judicial process. Our Government has taken various initiatives to improve the judicial infrastructure and administration.

We have enacted the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, for speedy resolution of commercial disputes.

A National Judicial Data Grid has been set up to provide data on cases pending in district courts across the country. Steps are being taken under the e-Court Mission to computerize the entire court systems.

Our Government has been working on a strategy for convergence of existing tribunals. This will help transform the existing complicated tribunal system into a simpler structure.

We need to simultaneously facilitate a vibrant ecosystem for alternate dispute resolution, including arbitration, mediation and conciliation. This will provide additional comfort to investors and businesses. More importantly, it will also ease the case-load on Indian courts.

Resolution of disputes through arbitration is not new to us. In ancient India, there were several mechanisms for settlement of disputes between the parties. These included the Kulani, or village council; Sreni, or corporation; and Puga, or assembly. Likewise, commercial matters were decided by Mahajans and Chambers.

Today, corporates and financial institutions want legal experts who can help close business deals and transactions without any disputes and litigations. If a dispute arises, corporates want to resolve them quickly through arbitration, without going to courts. For this, they require specialized arbitration lawyers. Alternative dispute resolution processes also preserve personal and business relationships that might otherwise be damaged by the adversarial process.

Recent trends indicate that Asian centres like Hong Kong and Singapore have emerged as preferred arbitration destinations. As popular business hubs, they also rank high in the levels of Ease of Doing Business. Thus, availability of quality arbitration mechanisms is an integral component of Ease of Doing Business, to which our Government is committed.

Friends.

Creation of a vibrant ecosystem for institutional arbitration, is one of the foremost priorities of our Government. Recently, major amendments have been made to the Arbitration and Conciliation Act. This has made the arbitration process easy, timely and hassle-free. Our law is based on the UNCITRAL model law.

The objective is to ensure that in normal circumstances, arbitral tribunal makes its award within 12 months. In case of a fast track procedure, such award can be given in 6 months. Even the appointment of the arbitrator has to be decided by the Court within a period of 60 days. The impediments encountered earlier in the grant and process of award, have been removed.

Further, as per the new law, any application challenging the award is to be disposed off by the Court within one year. The enforcement of award can be refused by the Courts only as per international practices. These amendments have brought our arbitration process in tune with global best practices. This has given us an opportunity to emerge as a leading arbitration jurisdiction. However, great opportunities pose great challenges. These challenges include: Availability of excellent quality and globally recognized arbitrators; Observance of professional conduct, ensuring neutrality, and timely completion of proceedings; and, Cost effective arbitration proceedings.

Friends.

India has no dearth of brilliant lawyers and judges. India also has a large number of retired judges, engineers, and scientists who can function as competent arbitrators in various fields. India’s economic interests shall be better served by a higher number of arbitration experts and lawyers. This in turn requires widening the ambit of legal education in India. There is need to develop specialized arbitration bar associations. We also need professionally run arbitral institutions which can deliver international standards of services at reasonable costs to businesses in India. We welcome internationally recognized institutions in this effort.

We must deliberate on ways and means to supplement the efforts of the judiciary and arbitration mechanisms. Mediation is one such mechanism, the potential of which has not been utilized much in the country.

Friends.

An enabling alternate dispute resolution ecosystem is a national priority for India. We need to promote India globally as an arbitration hub. As Roscoe Pound famously remarked, “The law must be stable but it must not stand still.” We need to take inspiration from beyond our shores. This conference has provided the ideal platform to deliberate upon the crucial regulatory, policy and mindset reforms on this.

I am sure, the deliberations here shall help in further strengthening Arbitration in India and set a milestone in positioning India as a global hub for arbitration amongst international practitioners, corporate houses and the legal fraternity. We look forward to effectively implementing your recommendations.

Thank you.

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Text of PM Modi's address to the Indian Community in Guyana
November 22, 2024
The Indian diaspora in Guyana has made an impact across many sectors and contributed to Guyana’s development: PM
You can take an Indian out of India, but you cannot take India out of an Indian: PM
Three things, in particular, connect India and Guyana deeply,Culture, cuisine and cricket: PM
India's journey over the past decade has been one of scale, speed and sustainability: PM
India’s growth has not only been inspirational but also inclusive: PM
I always call our diaspora the Rashtradoots,They are Ambassadors of Indian culture and values: PM

Your Excellency President Irfan Ali,
Prime Minister Mark Philips,
Vice President Bharrat Jagdeo,
Former President Donald Ramotar,
Members of the Guyanese Cabinet,
Members of the Indo-Guyanese Community,

Ladies and Gentlemen,

Namaskar!

Seetaram !

I am delighted to be with all of you today.First of all, I want to thank President Irfan Ali for joining us.I am deeply touched by the love and affection given to me since my arrival.I thank President Ali for opening the doors of his home to me.

I thank his family for their warmth and kindness. The spirit of hospitality is at the heart of our culture. I could feel that, over the last two days. With President Ali and his grandmother, we also planted a tree. It is part of our initiative, "Ek Ped Maa Ke Naam", that is, "a tree for mother”. It was an emotional moment that I will always remember.

Friends,

I was deeply honoured to receive the ‘Order of Excellence’, the highest national award of Guyana. I thank the people of Guyana for this gesture. This is an honour of 1.4 billion Indians. It is the recognition of the 3 lakh strong Indo-Guyanese community and their contributions to the development of Guyana.

Friends,

I have great memories of visiting your wonderful country over two decades ago. At that time, I held no official position. I came to Guyana as a traveller, full of curiosity. Now, I have returned to this land of many rivers as the Prime Minister of India. A lot of things have changed between then and now. But the love and affection of my Guyanese brothers and sisters remains the same! My experience has reaffirmed - you can take an Indian out of India, but you cannot take India out of an Indian.

Friends,

Today, I visited the India Arrival Monument. It brings to life, the long and difficult journey of your ancestors nearly two centuries ago. They came from different parts of India. They brought with them different cultures, languages and traditions. Over time, they made this new land their home. Today, these languages, stories and traditions are part of the rich culture of Guyana.

I salute the spirit of the Indo-Guyanese community. You fought for freedom and democracy. You have worked to make Guyana one of the fastest growing economies. From humble beginnings you have risen to the top. Shri Cheddi Jagan used to say: "It matters not what a person is born, but who they choose to be.”He also lived these words. The son of a family of labourers, he went on to become a leader of global stature.

President Irfan Ali, Vice President Bharrat Jagdeo, former President Donald Ramotar, they are all Ambassadors of the Indo Guyanese community. Joseph Ruhomon, one of the earliest Indo-Guyanese intellectuals, Ramcharitar Lalla, one of the first Indo-Guyanese poets, Shana Yardan, the renowned woman poet, Many such Indo-Guyanese made an impact on academics and arts, music and medicine.

Friends,

Our commonalities provide a strong foundation to our friendship. Three things, in particular, connect India and Guyana deeply. Culture, cuisine and cricket! Just a couple of weeks ago, I am sure you all celebrated Diwali. And in a few months, when India celebrates Holi, Guyana will celebrate Phagwa.

This year, the Diwali was special as Ram Lalla returned to Ayodhya after 500 years. People in India remember that the holy water and shilas from Guyana were also sent to build the Ram Mandir in Ayodhya. Despite being oceans apart, your cultural connection with Mother India is strong.

I could feel this when I visited the Arya Samaj Monument and Saraswati Vidya Niketan School earlier today. Both India and Guyana are proud of our rich and diverse culture. We see diversity as something to be celebrated, not just accommodated. Our countries are showing how cultural diversity is our strength.

Friends,

Wherever people of India go, they take one important thing along with them. The food! The Indo-Guyanese community also has a unique food tradition which has both Indian and Guyanese elements. I am aware that Dhal Puri is popular here! The seven-curry meal that I had at President Ali’s home was delicious. It will remain a fond memory for me.

Friends,

The love for cricket also binds our nations strongly. It is not just a sport. It is a way of life, deeply embedded in our national identity. The Providence National Cricket Stadium in Guyana stands as a symbol of our friendship.

Kanhai, Kalicharan, Chanderpaul are all well-known names in India. Clive Lloyd and his team have been a favourite of many generations. Young players from this region also have a huge fan base in India. Some of these great cricketers are here with us today. Many of our cricket fans enjoyed the T-20 World Cup that you hosted this year.

Your cheers for the ‘Team in Blue’ at their match in Guyana could be heard even back home in India!

Friends,

This morning, I had the honour of addressing the Guyanese Parliament. Coming from the Mother of Democracy, I felt the spiritual connect with one of the most vibrant democracies in the Caribbean region. We have a shared history that binds us together. Common struggle against colonial rule, love for democratic values, And, respect for diversity.

We have a shared future that we want to create. Aspirations for growth and development, Commitment towards economy and ecology, And, belief in a just and inclusive world order.

Friends,

I know the people of Guyana are well-wishers of India. You would be closely watching the progress being made in India. India’s journey over the past decade has been one of scale, speed and sustainability.

In just 10 years, India has grown from the tenth largest economy to the fifth largest. And, soon, we will become the third-largest. Our youth have made us the third largest start-up ecosystem in the world. India is a global hub for e-commerce, AI, fintech, agriculture, technology and more.

We have reached Mars and the Moon. From highways to i-ways, airways to railways, we are building state of art infrastructure. We have a strong service sector. Now, we are also becoming stronger in manufacturing. India has become the second largest mobile manufacturer in the world.

Friends,

India’s growth has not only been inspirational but also inclusive. Our digital public infrastructure is empowering the poor. We opened over 500 million bank accounts for the people. We connected these bank accounts with digital identity and mobiles. Due to this, people receive assistance directly in their bank accounts. Ayushman Bharat is the world’s largest free health insurance scheme. It is benefiting over 500 million people.

We have built over 30 million homes for those in need. In just one decade, we have lifted 250 million people out of poverty. Even among the poor, our initiatives have benefited women the most. Millions of women are becoming grassroots entrepreneurs, generating jobs and opportunities.

Friends,

While all this massive growth was happening, we also focused on sustainability. In just a decade, our solar energy capacity grew 30-fold ! Can you imagine ?We have moved towards green mobility, with 20 percent ethanol blending in petrol.

At the international level too, we have played a central role in many initiatives to combat climate change. The International Solar Alliance, The Global Biofuels Alliance, The Coalition for Disaster Resilient Infrastructure, Many of these initiatives have a special focus on empowering the Global South.

We have also championed the International Big Cat Alliance. Guyana, with its majestic Jaguars, also stands to benefit from this.

Friends,

Last year, we had hosted President Irfaan Ali as the Chief Guest of the Pravasi Bhartiya Divas. We also received Prime Minister Mark Phillips and Vice President Bharrat Jagdeo in India. Together, we have worked to strengthen bilateral cooperation in many areas.

Today, we have agreed to widen the scope of our collaboration -from energy to enterprise,Ayurveda to agriculture, infrastructure to innovation, healthcare to human resources, anddata to development. Our partnership also holds significant value for the wider region. The second India-CARICOM summit held yesterday is testament to the same.

As members of the United Nations, we both believe in reformed multilateralism. As developing countries, we understand the power of the Global South. We seek strategic autonomy and support inclusive development. We prioritize sustainable development and climate justice. And, we continue to call for dialogue and diplomacy to address global crises.

Friends,

I always call our diaspora the Rashtradoots. An Ambassador is a Rajdoot, but for me you are all Rashtradoots. They are Ambassadors of Indian culture and values. It is said that no worldly pleasure can compare to the comfort of a mother’s lap.

You, the Indo-Guyanese community, are doubly blessed. You have Guyana as your motherland and Bharat Mata as your ancestral land. Today, when India is a land of opportunities, each one of you can play a bigger role in connecting our two countries.

Friends,

Bharat Ko Janiye Quiz has been launched. I call upon you to participate. Also encourage your friends from Guyana. It will be a good opportunity to understand India, its values, culture and diversity.

Friends,

Next year, from 13 January to 26 February, Maha Kumbh will be held at Prayagraj. I invite you to attend this gathering with families and friends. You can travel to Basti or Gonda, from where many of you came. You can also visit the Ram Temple at Ayodhya. There is another invite.

It is for the Pravasi Bharatiya Divas that will be held in Bhubaneshwar in January. If you come, you can also take the blessings of Mahaprabhu Jagannath in Puri. Now with so many events and invitations, I hope to see many of you in India soon. Once again, thank you all for the love and affection you have shown me.

Thank you.
Thank you very much.

And special thanks to my friend Ali. Thanks a lot.